News & Analysis as of

Petition for Writ of Certiorari Regulatory Authority

Ogletree, Deakins, Nash, Smoak & Stewart,...

Are the Days of OSHA’s Rulemaking and Reliance on Consensus Standards Numbered?

Since Representative Andy Biggs (R-AZ) first introduced the “Nullify the Occupational Safety and Health Administration Act” or “NOSHA Act” (H.R. 86), there has been immense speculation about the future of the Occupational...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

President Trump Ends $15-Per-Hour Contractor Minimum Wage Rate After Filing a Brief Defending Power to Set the Minimum Wage

On March 14, 2025, President Donald Trump issued Executive Order (EO) 14236—“Additional Rescissions of Harmful Executive Orders and Actions”—revoking eighteen executive orders and actions issued by former president Joe Biden....more

Troutman Pepper Locke

Industry Urges SCOTUS to Consider FDA Graphic Cigarette Warnings

Troutman Pepper Locke on

In August, a group of tobacco companies filed a petition for certiorari at the U.S. Supreme Court, seeking review of a lower court’s holding that the First Amendment does not prohibit the U.S. Food and Drug Administration...more

Fenwick & West LLP

U.S. Federal Agencies Under Fire?

Fenwick & West LLP on

On June 28, 2024, the U.S. Supreme Court rejected the long-standing Chevron test in Loper Bright Enterprises v. Raimondo. The Chevron test gave deference to a government agency’s expertise when a law is ambiguous regarding...more

Dorsey & Whitney LLP

Supreme Court to Reconsider the Chevron Doctrine: Does the Bell Toll for Judicial Deference to Administrative Agencies?

Dorsey & Whitney LLP on

Early next year, the Supreme Court will hear oral arguments in a pair of cases, which could overrule the Chevron doctrine and thereby end nearly forty years of judicial deference to federal administrative agencies’...more

Ballard Spahr LLP

Certiorari petition filed in Second Circuit case rejecting constitutional challenge to CFPB’s funding

Ballard Spahr LLP on

In CFPB v. Law Offices of Crystal Moroney, a three-judge panel of the U.S. Court of Appeals for the Second Circuit unanimously ruled in March 2023 that the CFPB’s funding structure does not violate the Appropriations Clause...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court “relist” of CFPB petition for certiorari threatens prolonged legal limbo

The Supreme Court recently had the opportunity to grant the CFPB’s pending petition for certiorari seeking review of the U.S. Court of Appeals for the Fifth Circuit’s holding in Community Financial Services Association of...more

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